유치권부존재확인의소
1. Of the judgment of the court of first instance, the part concerning the claim for confirmation of existence of a lien on the real estate stated in attached Table 1 shall be revoked.
1. The scope of this Court’s trial is first determined on the scope of this Court’s trial, and the Plaintiff’s claim that the Defendant did not have any right of retention for each real estate indicated in the separate sheet against the Defendant as security on the claim amounting to KRW 96,00,00 regarding each real estate listed in the separate sheet. The first instance court dismissed the claim for the existence of a right of retention for each real estate listed in the separate sheet 2 and 3, and rendered a judgment against the Defendant on the claim amounting to the real estate listed in the separate sheet 1. Since only the Defendant appealed, the part of the claim for the existence of a right of retention for each real estate listed in the separate sheet 2 and 3 is finalized. The scope to be tried on this case is limited to the claim for the existence of a right of retention for each real estate listed in the separate sheet
2. Facts of recognition;
A. On November 18, 2009, our bank (hereinafter “Korea bank”) concluded that each of the real estate listed in the separate sheet owned by A Co., Ltd. (hereinafter “A”) (hereinafter “A”) should be created with the maximum debt amount of KRW 1200,00,000, and the debtor A with respect to each of the real estate listed in the separate sheet owned by the Co., Ltd. (hereinafter “A”), and completed the registration of creation of a neighboring mortgage by the Changwon District Court No. 57342 on the same day.
B. On June 16, 2010, the Defendant concluded a contract with the maximum debt amount of KRW 96,00,000 with respect to each of the instant real property owned by A, and concluded a contract with the obligor A to obtain the establishment of a collateral security right with respect to each of the instant real property owned by A, and completed the registration of the establishment of a neighboring mortgage by the above court No. 3056 on June 17
C. As our bank failed to repay its obligations to our bank, on November 7, 201, it filed an application for a voluntary auction of real estate with the Changwon District Court (hereinafter “auction Court”) regarding each of the instant real estate with the Jinwon District Court, and on November 8, 2011, the said court rendered a decision to commence voluntary auction on November 8, 201, and accordingly, the said court voluntarily rendered a decision to commence auction as the receipt of the said court on November 8, 201, and as the same day, the said court voluntarily rendered a decision to commence auction.